From LLoyds to SCM and now .... Buchanan Clark and Wells !!

[lookinforinfo]

Donbracho, I think the reason your are not gettig much help on this is no one is quite sure what you mean when you say that the accounts have been combined. And on the one hand you are asking if it is lawful for bank [do you

mean any bank or your branch of the bank?] to combine accounts and then

you saythat BCW have combined them.

 

 

If you are saying that BCW have added the two totals together and are thus

chasing you for one amount, there would appear to be nothing wrong with that.

However, if they have merged the two accounts into one, then that is a

different matter altogether.

Certainly the bank could not do it, since your loan is subject to a separate

contract, and if BCW have bought the debt, the two accounts must still

remain separate.

 

Could you please explain what you mean by the accounts havie been combined, who did it, and do you know if BCW have bought the debts?

[lookinforinfo]

BCW are debt collectors after all-I think you are expecting too much from them if you think they are aware of what they have done.

However, you could use it to your advantage and save £1. Send them a

CCA request. Then they will either have to supply you with both agreements,

or admit there are two accounts, and ask for another £1-and you might be

able to have some fun with them over it by insisting that as they gave you

the impression there was just one account, why should you pay for two

enquiries.

And if they only send the agreement for one account, then they are in breach

of the Act for the other one, and the amount they are claiming for the one

account does not match the amount they are asking for in their first letter to you.

You can have weeks of fun with them. Go on wind them up -you'll love it.

[lookinforinfo]

No, Don Bracho. They are the experts on the Consumer Credit Act-they know

it as well as the back of their hands. In fact their data controller will know

the Act word for word. [Yeah right].

 

Once you send the request, just sit back and wait. With luck they will mess

up and commit an offence. So don't make it easier for them-it is to your

advantage that they don't comply.

 

By Law, from the time you send the request they have two days plus twelve

working days [ie no weekends or bank holidays included] to supply the

required documents.

Should they fail to do so, they are consideded to be in default and are then

not allowed to enforce the debt. So they must not phone or write to you

demanding money nor should they charge interest on the amount if they are

doing so.

 

After a further month without supplying the paperwork, they commit an offence. In addition until they can produce the original agreement, the debt is

unenforceable-even by a Court.

 

So now you see why you don't want to help them. Ideally you would want them not to send the OA then you can work out what to do next.